Crl.O.P.No.18493 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.07.2026 CORAM THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Crl.O.P.No.18493 of 2026 Shagul Hameed ... Petitioner Vs. The State of Tamil Nadu, represented by, The Inspector of Police, Poraiyar Police Station, Mayiladuthurai District. (Crime No.247 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.247 of 2026 pending investigation on the file of the respondent police. For Petitioner : Mr.Rajkumar For Respondent : Ms.R.S.Indira Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18493 of 2026 O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 132, 351(2) of BNS Act, 2023 r/w. Sections 6 and 24(1) of the Cigarettes and Tobacco Products Act, 2003, in Crime No.247 of 2026 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that on 09.06.2026, the defacto complainant, who is the Food Safety Officer, conducted surprise inspection in the shop of the petitioner and during that time, the petitioner was found in illegal possession of 26 pockets of tobacco products. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18493 of 2026 4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, submitted that the petitioner has no previous case. However, he opposed the grant of anticipatory bail to the petitioner. 5. Taking into consideration the totality of the circumstances and the fact that the petitioner has no previous case, this Court is of the firm view that, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned District Munsif cum Judicial Magistrate, Tharangampadi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18493 of 2026 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioner shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 15.07.2026 ssb 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18493 of 2026 To 1.The District Munsif cum Judicial Magistrate, Tharangampadi. 2.The Inspector of Police, Poraiyar Police Station, Mayiladuthurai District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18493 of 2026 C.KUMARAPPAN, J. ssb Crl.O.P.No.18493 of 2026 15.07.2026 6/6 https://www.mhc.tn.gov.in/judis